Alfred Michael Arambhan v. Ajay Ghanshyamdas Goenka

16. NMCA 581.19.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 581 OF 2019 in COMMERCIAL APPEAL NO. 309 OF 2019 Alfred Micheal Arambhan ... Applicant/Appellant V/s.

Ajay Ghanshyamdas Goenka ... Respondent.

Mr.Kevic Setalvad, Senior Advocate i/b. Tyabji Dayabhai for the Applicant/Appellant.

Mr. Firoz Bharucha a/w. R.P. Shirole i/b. Khare Legal Chambers for the Respondent.

CORAM : PRADEEP NANDRAJOG,C.J. & N.M. JAMDAR, J.

DATE : 24 JUNE 2019.

P.C. :- The Appeal was disposed of on consent. Four weeks time with consent was granted to the Appellant to deposit ` 1 crore (` one crore only) in the Registry of this Court which was to be received by the Respondent without furnishing any security. Seeking extension of time to comply with the consent order it is stated that the Appellant is at an advanced stage of negotiations with

16. NMCA 581.19.doc a third party for sale of residential flat owned by the Appellant and thus would need time to raise the necessary finances. 2.

Learned counsel for the Respondent states that the Respondent is not willing to give consent for time to be extended. 3.

In our opinion the Appellant had sufficient time of four weeks to raise the necessary funds and time cannot be extended for the Appellant to complete sale of a flat and then comply with the consent order. Request for extension of time is declined. Notice of Motion is dismissed.

N.M. JAMDAR, J.

CHIEF JUSTICE